NOTE:
These instructions are primarily for pro se (unrepresented)
defendants. If you intend to retain an attorney for the appeal,
you should still file your Notice of Appeal (see # 1 below)
to protect your rights. Your attorney can thereafter "perfect"
the appeal. You should read the following in its entirety
before proceeding with the appeal.

Requesting an assigned attorney to represent you
on the appeal

Steps for proceeding with a criminal appeal

NOTE:If you believe that you are entitled to assigned counsel
or if you wish to proceed without an attorney, but wish to
request poor person status for payment of the transcripts on
the appeal because of indigency, you must make an application
to the appellate court (County Court) for poor person status.
If granted by the County Court, you must file a copy of the
Order of the County Court with the City Court. You should file
your Notice of Appeal (see # 1 below) within thirty (30) days
of your conviction before making application to the County
Court. This will protect your right to continue with the appeal
should your application for poor person status be denied.

NOTE:
If you are represented by an attorney at the time of the
conviction, your attorney should file the Notice of Appeal.
Be sure to advise your attorney at the time of the conviction
that you wish to appeal so that the Notice of Appeal may be
filed within the proper time limits.

NOTE:
A Notice of Appeal is merely a written statement to the Court
indicating your intention to proceed with an appeal. The filing
of the Notice of Appeal with the City Court is the first step,
but is not, by any means, the appeal itself. You will have
an opportunity to "perfect" the appeal, that is,
provide the appellate court (the County Court) with your written
arguments
only after the transcript of the court proceedings has been
prepared and the City Court has filed the Return on Appeal
(the City Court file) with the appellate court. The
specific procedures for proceeding with an appeal are listed
below.

The defendant in a criminal or quasi-criminal (traffic infraction)
case may appeal to have his/her conviction reviewed by a judge
of the County Court by following these instructions:

1. Within thirty (30) days from the date of conviction,
file (by mail or in person) two copies (original and copy) of
a written Notice of Appeal with the City
Court that heard and decided the case. The Notice should contain
the caption of the case, the docket number associated with that
case, and a statement that you (as the "appellant") appeal
the conviction. You must also include your address in the Notice
of Appeal.

If a Court Reporter was present in the Courtroom
for the trial, you must contact that reporter and request
a transcript of the trial. You must advise the Court Reporter
that there is an appeal pending of the City Court decision
and the reporter is then required to file an original transcript
with the City Court. If you wish to obtain a copy of the
transcript for your records, you must make those arrangements
directly with the reporter.

The cost of the preparation of a transcript (both
the court's original and any copy for your record) is solely
your responsibility so you may wish to request an estimate
of the cost of the transcript before ordering the transcript
(Note: this is only an estimate and the actual cost may
be less or more than the estimate). The reporter may require
an advance deposit before starting the transcript and will
require payment of the balance before releasing the transcript.
(Note: If you have been granted poor person status
by the County Court, you must file the Order of the County
Court with the City Court to avoid the cost of the transcript.)

If there was no Court Reporter at the trial:

If there was no court reporter at the trial, the
trial will have been taped on audio cassette. If this is
the case, then you will need to make a written request
to the City Court for the transcript to be prepared. Your
written request must contain the date(s) of the trial/plea/sentence/other
proceedings that you wish to have transcribed. The Court
Clerk will send the audio tape to a transcription service
for typing.

It is your responsibility to pay for the cost of
the two transcripts: one which will be filed with the Court
and one for yourself. You should be aware that the Court
will not provide you with a copy of the transcript(s). You
may wish to request a cost estimate of the transcript(s)
before ordering the transcript(s). (Note: this is only
an estimate and the actual cost may be less or more than
the estimate). The transcription service may require an
advance deposit before starting the transcript and will
require payment of the balance before releasing the transcript.
(Note: If you have been granted poor person status
by the County Court, you must file the Order of the County
Court with the City Court to avoid the cost of the transcript.)

3. After the City Court has received the original
transcript(s), the City Court will file a Return on Appeal
(that is, the City Court file including the transcript) with
the County Court. The City Court will notify the appellant
that the Return has been filed with the County Court.

4. At this point, the matter is now to be considered
by the County Court. If you wish to file additional documentation
with the County Court, you should contact the County Court
Clerk's office on the procedure for submitting additional
documents. Copies of any documents that you provide to
the Court should always be provided to the prosecuting
attorney. The County Court Clerk's Office is on the Third
Floor of the Clinton County Government Center in Plattsburgh,
New York.

5. If, after you have started an appeal, you change
your mind and wish to discontinue or withdraw the appeal,
you must notify the City Court and County Court, in writing,
of the discontinuance. You should also notify the prosecuting
attorney that you will not be proceeding with the appeal.
Of course, you will also be responsible for any costs associated
with the appeal including any portion of the transcript
that has already been prepared.

6. After the appeal has been decided by the County
Court, a copy of that Decision will be mailed to you at
the most recent address on file with the County Court.

NOTE:You may visit the Supreme Court Library located at the Corner
of Oak and Clinton Streets in Plattsburgh, New York for legal
references on the filing of an appeal. Court personnel cannot
provide legal advice.

No appeal can be sent up to County Court without an index
number as all of their files are filed in the County Clerk's
Office by index number. There is no charge for this procedure.
A duplicate notice of appeal needs to be filed in the county
clerk's office and the appellant will be given a free index
number. This is to be done before filing the notice with the
court.